The US court on Friday barred parts of the billion-dollar settlement for compensation for thousands of victims of sexual abuse proposed by the Boy Scouts of America (BSA), the largest association of scouts in the US. The decision prevents the plan from advancing along the current lines.
Judge Laurie Selber Silverstein wrote in an opinion that she rejected points related to the group’s financial restructuring and indicated that the excerpts would require “significant” time to be redone. The agreement provides for the creation of a fund of US$ 2.7 billion (R$ 14 billion) to indemnify more than 80 thousand people who denounced the association.
The verdict was announced more than two years after the BSA, a century-old and traditional entity in the country, filed for bankruptcy protection. The decision, taken in the face of financial pressures to deal with allegations of child sexual abuse, was based on Chapter 11 of the American bankruptcy law, which gives companies a deadline to reorganize themselves financially – similar to what in Brazil is called judicial recovery.
The BSA received a flurry of complaints after the sexual abuse cases came to light in 2012. Afterward, several states extended statute of limitations for assaults. Approximately 84,000 people have reported sexual abuse against the group, according to a report published by the Wall Street Journal last year.
“We are committed to working to make the required changes and remain optimistic that a final plan will be approved as soon as possible,” the Boy Scouts of America said in a statement released after the decision.
The Coalition for Justice for Abused Scouts, which represents many of the victims, said the agreement, while partially rejected, discourages further abuse. “It’s not just about money, because no amount in the world can compensate for having been sexually abused as a child,” the group wrote in a statement.
Under the settlement’s current proposal, the amount of money victims would be entitled to would depend on the severity of the case, as well as where and when it took place, among other factors. The amounts range from US$ 3,500 (R$ 18.1 thousand) to US$ 2.7 million (R$ 14 million) for the most serious cases.
After the first complaints, the BSA claimed to have instituted measures over the years to prevent new cases, including background checks on volunteers, mandatory training and a policy that prohibits situations where a child is alone with an adult.
The organization also changed policies in an attempt to stem the decline in membership. In 2013, it allowed the inclusion of openly gay scouts; in 2015, from openly gay leaders; in 2017, it allowed girls to participate.
The cases that have exploded in recent years are also part of the BSA’s past. In 2010, the organization was ordered to pay a fine of US$ 18.5 million (R$ 100.4 million, in the current exchange rate) for covering up sexual abuse committed by one of its monitors in the 1980s.
